Confused on rights


#1

DO NOT SIGN ANYTHING … Get a lawyer before you agree to anything. The two years might be a good deal or it might not. That depends on how much you could get in CS per month for the next 8 years vs what it costs to run the house for the next 2 years. Use the CS calculator to get a rough estimate of what he should be paying.

Also do not get stuck (mentally) on having to stay in the house be willing to move out of it if you need to.

Also realize that no matter what happens your life is going to change.
be sure to file for ED and Alimony (if he makes more then you)

Again DO NOT SIGN ANYTHING!!! He can not force you out of the house at this time and he will not allow his credit to be ruined by defaulting on the mortgage.

jnewman


#2

Dear donna:

Greetings. Did you already sign the agreement? It appears as if you have and if so, you may have already lost the house. I hope not!

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

MY HUSBAND OF 24 YEARS DECIDES HE WANTS A DIVORCE. I HAVE NOT COMMITTED ADULTERY AND TO MY KNOWLEDGE NEITHER HAS HE. WE OWN A HOUSE WITH A 1ST MORTGAGE OF 100,000. AN EQUITY LINE OF CREDIT OF 49,000 , OF WHICH 12,000 IS MINE AND THE REMAINING 37,000 IS HIS. THE HOUSE IS TAX VALUED AT 195,000. HE HAS AGREED IN SEPARATION PAPERS HE HAD DRAWN UP BY HIS ATTORNEY TO "ALLOWING ME AND OUR MINOR CHILD TO LIVE IN RESIDENCE FOR TWO YEARS OF WHICH HE WILL PAY PAYMENTS ON MORTGAGE AND RELATED ULTILITIES IN LIEU OF CHILD SUPPORT. THE MINOR CHILD IS ONLY 12. MY QUESTION IS WHAT ARE MY OPTIONS CONCERNING SOLE OWNERSHIP OF THE RESIDENCE. IT IS MY UNDERSTANDING THAT HE INTENDS TO TAKE SOLE OWNERSHIP IN TWO YEARS WITH NO MONETARY CONSIDERATION TO ME.